Employee and Retiree Access to Justice Act Re-proposed

Representative Mark DeSaulnier (D-CA) has introduced HR 9820 – the Employee and Retiree Access to Justice Act. A Senate companion bill S. 5169 was introduced by Senator Tina Smith (D-MN). The bill would do the following.

• Deem forced arbitration clauses, class action waivers, representative waivers, and discretionary clauses unenforceable with respect to ERISA and common law claims relating to benefits,
• Prohibit the inclusion of such provisions in plan documents, and
• Prohibit retaliations against individuals who decline to enter into forced arbitration agreements.